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Directive (EU) 2024/1226 of the European Parliament and of the Council of 24 April 2024 on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Directive (EU) 2018/1673 article 5 CELEX: 32024L1226 Penalties for natural persons
1. Member States shall ensure that the criminal offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties. 2. Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3 are punishable by a maximum penalty of imprisonment. |
Directive (EU) 2024/1226 of the European Parliament and of the Council of 24 April 2024 on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Directive (EU) 2018/1673 article 5 CELEX: 32024L1226 3. Member States shall take the necessary measures to ensure that: (a) the criminal offences covered by Article 3(1), points (h)(iii) and (iv), are punishable by a maximum term of imprisonment of at least one year where those criminal offences involve funds or economic resources of a value of at least EUR 100 000 on the date when the offence was committed; (b) the criminal offences covered by Article 3(1), points (a), (b) and points (h)(i) and (ii), are punishable by a maximum term of imprisonment of at least five years where those criminal offences involve funds or economic resources of a value of at least EUR 100 000 on the date when the offence was committed; (c) the criminal offence covered by Article 3(1), point (c), is punishable by a maximum term of imprisonment of at least three years; (d) criminal offences covered by Article 3(1), points (d) to (g), and point (i), are punishable by a maximum term of imprisonment of at least five years where those criminal offences involve goods, services, transactions or activities of a value of at least EUR 100 000 on the date the offence was committed; (e) where the criminal offence covered by Article 3(1), point (e) of this Regulation, involves items included in the Common Military List of the European Union or dual-use items listed in Annexes I and IV to Regulation (EU) 2021/821, such criminal offence is punishable by a maximum term of imprisonment of at least five years irrespective of the value of the items involved. |
Directive (EU) 2024/1226 of the European Parliament and of the Council of 24 April 2024 on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Directive (EU) 2018/1673 article 5 CELEX: 32024L1226 4. Member States shall take the necessary measures to ensure that the threshold of EUR 100 000 or more may be met through a series of offences covered by Article 3(1), points (a), (b) and points (d) to (i), that are linked and of the same kind, where those offences are committed by the same offender. |
Directive (EU) 2024/1226 of the European Parliament and of the Council of 24 April 2024 on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Directive (EU) 2018/1673 article 5 CELEX: 32024L1226 5. Member States shall take the necessary measures to ensure that natural persons who have committed the criminal offences referred to in Articles 3 and 4 may be subject to accessory criminal or non-criminal penalties or measures which may include the following: (a) fines that are proportionate to the gravity of the conduct and to the individual, financial and other circumstances of the natural person concerned; (b) withdrawal of permits and authorisations to pursue activities that resulted in the relevant criminal offence; (c) disqualification from holding, within a legal person, a leading position of the same type used for committing the criminal offence; (d) temporary bans on running for public office; (e) where there is a public interest, following a case-by-case assessment, publication of all or part of the judicial decision that relates to the criminal offence committed and the penalties or measures imposed, which may include the personal data of convicted persons only in duly justified exceptional cases. |